Australia New Zealand Food Standards Code - Standard 2.10.3 - Chewing Gum

Administered by Department of Health, Disability and Ageing

Legislation au F2012L00289 Not in force Legislative Instrument

Legislation content

Standard 2.10.3

 

chewing gum

 

 

Purpose

 

This Standard regulates the addition of calcium to chewing gum containing no more than 0.2% residual sugars; the calcium claims which can be made in relation to chewing gum containing no more than 0.2% residual sugars and certain other labelling requirements.

 

Table of Provisions

 

1 Interpretation

2 Permitted addition of calcium

3 Calcium claim

4 Labelling requirements

5 Small packages

 

Clauses

 

1 Interpretation

 

In this Standard –

 

calcium claim means a claim about the presence of calcium in chewing gum.

 

chewing gum suitable for added calcium means chewing gum containing no more than 0.2% residual sugars.

 

releasable calcium means the amount of calcium released into the mouth during 20 minutes of chewing calculated using the following formula –

 

 

Where –

 

is the releasable calcium (mg/g of chewing gum)

is the original calcium concentration in the chewing gum (mg/g)

is the weight of the original chewing gum (g)

is the residual calcium in gum that has been chewed for 20 minutes (mg/g)

is the weight of the chewed gum (g).

 

Editorial note:

 

As a guide, procedures and apparatus for determining releasable constituents from chewing gum are published in the British Pharmacopoeia and the European Pharmacopoeia, and are under consideration for inclusion in the United States Pharmacopeia.

 

supplier making the claim means the supplier who makes or includes on a label or in an advertisement a calcium claim.

 

2 Permitted addition of calcium

 

Chewing gum suitable for added calcium may contain added calcium provided that the calcium is in a permitted form specified in the Schedule to Standard 1.1.1.

 

3 Calcium claims

 

(1) A calcium claim may be made only if –

 

(a) the chewing gum to which the claim relates is chewing gum suitable for added calcium; and

(b) the chewing gum contains no less than 80 mg (10% of the RDI) of releasable calcium per serve; and

(c) the maximum quantity claimed is no more than 200 mg (25% of the RDI) of releasable calcium per serve; and

(d) the supplier making the claim has records that substantiate the matters listed in paragraphs (b) and (c); and

(e) the supplier making the claim makes the records available to the relevant Authority upon request.

 

(2) To avoid doubt, a claim to the effect that chewing gum is a good source of calcium or releasable calcium must not be made.

 

4 Labelling requirements

 

(1) Where a calcium claim is made in relation to chewing gum suitable for added calcium, the nutrition information panel must also include –

 

(a) the average quantity of releasable calcium per serve; and

(b) the average quantity of releasable calcium per 100 g; and

(c) the proportion of the RDI (for calcium) of releasable calcium per serve; and

(d) a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing.

 

(2) Subclause (1) does not apply to chewing gum suitable for added calcium in a small package.

 

Editorial note:

 

EXAMPLE

 

NUTRITION INFORMATION

Servings per package:   10

Serving size:   3 g

 

Average quantity per serve

Average quantity per 100 g

Energy

 

25 kJ

833 kJ

Protein

 

0 g

0 g

Fat, total

– saturated

 

0 g

0 g

0 g

0 g

 

Carbohydrate

– sugars

 

Less than 1 g

Less than 1 g

Less than 1 g

Less than 1 g

Dietary fibre

0 g

0 g

Sodium

0 mg

0 mg

Calcium*

80 mg (10% RDI**)

2670 mg

*average quantity of calcium released during 20 minutes of chewing

**Recommended Dietary Intake

 

Standard 1.1.1 defines a ‘nutrition information panel or panel’ as a panel which complies with the requirements of Division 2 of Standard 1.2.8.

 

5 Small packages

 

(1) Where a calcium claim is made in relation to chewing gum suitable for added calcium contained in a small package, the label must include the following calcium declaration –

 

(a) the average quantity of releasable calcium per serve; and

(b) the serving size; and

(c) the proportion of the RDI (for calcium) of releasable calcium per serve; and

(d) a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing.

 

(2) To avoid doubt, the declaration requirement in paragraph 8(1)(a) of Standard 1.2.8 does not apply to the calcium declaration in subclause (1).

 

(3) The declaration required in subclause (1) need not be set out in the prescribed panel format.

 

Editorial note:

 

Standard 1.1.1 provides a definition of ‘small package’.

 

See clauses 8 and 8A of Standard 1.2.8 for labelling requirements when claims requiring nutrition information, other than calcium claims, are made on small packages of chewing gum suitable for added calcium.

 

 


Amendment History

 

The Amendment History provides information about each amendment to the Standard. The information includes commencement or cessation information for relevant amendments.

 

These amendments are made under section 92 of the Food Standards Australia New Zealand Act 1991 unless otherwise indicated. Amendments do not have a specific date for cessation unless indicated as such.

 

About this compilation

 

This is a compilation of Standard 2.10.3 as in force on 30 October 2014 (up to Amendment No. 150). It includes any commenced amendment affecting the compilation to that date.

 

Prepared by Food Standards Australia New Zealand on 30 October 2014.

 

Uncommenced amendments or provisions ceasing to have effect

 

To assist stakeholders, the effect of any uncommenced amendments or provisions which will cease to have effect, may be reflected in the Standard as shaded boxed text with the relevant commencement or cessation date. These amendments will be reflected in a compilation registered on the Federal Register of Legislative Instruments including or omitting those amendments and provided in the Amendment History once the date is passed.

 

 

The following abbreviations may be used in the table below:

 

ad = added or inserted am = amended

exp = expired or ceased to have effect rep = repealed

rs = repealed and substituted

 

Standard 2.10.3 was published in the Food Standards Gazette No. FSC 52 on 16 July 2009 as part of Amendment No. 110 (F2012L00289 – 14 February 2012) and has been amended as follows:

 

Clause affected

A’ment No.

FRLI registration

Gazette

Commencement

(Cessation)

How affected

Description of amendment

5

150

F2014L01427

28 Oct 2014

FSC92

30 Oct 2014

 

30 Oct 2014

am

Editorial note following clause to update cross-references.

 

Overview

The Standard 2.10.3, which was enacted as part of Amendment No. 110 on 14 February 2012, pertains to the regulation of calcium addition and related claims in chewing gum. This standard was introduced to ensure that any calcium claims made about chewing gum are substantiated and accurate, addressing the gap in consumer protection and misleading marketing practices. The Food Standards Australia New Zealand Act 1991 provides the legislative framework under which this standard operates. The policy objective is to protect public health by ensuring that claims about the nutritional content of food, including chewing gum, are truthful and not misleading. The standard specifies that only chewing gum containing no more than 0.2% residual sugars is eligible for added calcium, and any calcium claims must meet stringent criteria, including the amount of releasable calcium per serve and the requirement for suppliers to maintain and provide evidence substantiating these claims upon request. Additionally, detailed labelling requirements are mandated to ensure consumers are well-informed about the nutritional content of the chewing gum. The standard also distinguishes between larger and small packages, with specific labelling requirements for each, to ensure transparency and accessibility of information.

Scope and Application

The Standard 2.10.3 applies to any chewing gum that contains added calcium and is suitable for this addition, specifically those with no more than 0.2% residual sugars. This regulation pertains to suppliers who make claims about the presence of calcium in such chewing gum, ensuring that these claims are substantiated and accurate. The scope of this Standard is national, as it falls under the purview of Food Standards Australia New Zealand (FSANZ), which operates across the Commonwealth of Australia. The Standard outlines the permitted forms of calcium that can be added to the specified chewing gum, the conditions under which calcium claims can be made, and the detailed labelling requirements for such claims. Notably, the Standard excludes small packages from certain labelling requirements but still mandates specific declarations for calcium content when claims are made. The application of this Standard may be further extended or restricted through subordinate instruments, which would be detailed in the relevant FSANZ amendments and notifications.

Key Provisions

The main operative sections of Standard 2.10.3 regulate the addition of calcium to chewing gum containing no more than 0.2% residual sugars, the calcium claims which can be made in relation to such chewing gum, and certain labelling requirements. Clause 2 allows for the permitted addition of calcium to chewing gum suitable for added calcium, provided that the calcium is in a permitted form specified in the Schedule to Standard 1.1.1. Clause 3 outlines the conditions under which a calcium claim can be made in relation to chewing gum suitable for added calcium, including that the gum must contain no less than 80 mg (10% of the RDI) of releasable calcium per serve and no more than 200 mg (25% of the RDI) of releasable calcium per serve, and that the supplier making the claim must have records that substantiate the matters listed in paragraphs (b) and (c) and make those records available to the relevant Authority upon request. Clause 4 sets out the labelling requirements for chewing gum suitable for added calcium where a calcium claim is made, including that the nutrition information panel must include the average quantity of releasable calcium per serve and per 100 g, the proportion of the RDI (for calcium) of releasable calcium per serve, and a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing. Clause 5 outlines the labelling requirements for chewing gum suitable for added calcium contained in a small package where a calcium claim is made, including that the label must include the average quantity of releasable calcium per serve, the serving size, the proportion of the RDI (for calcium) of releasable calcium per serve, and a statement to the effect that the average quantity of calcium is released during 20 minutes of chewing. The Act imposes several obligations on the parties or entities it governs. Firstly, suppliers of chewing gum suitable for added calcium must ensure that any calcium added to the gum is in a permitted form specified in the Schedule to Standard 1.1.1. Secondly, suppliers making a calcium claim in relation to chewing gum suitable for added calcium must have records that substantiate the matters listed in paragraphs (b) and (c) of Clause 3 and make those records available to the relevant Authority upon request. Thirdly, suppliers making a calcium claim in relation to chewing gum suitable for added calcium must comply with the labelling requirements set out in Clauses 4 and 5, as applicable. Failure to comply with these obligations may result in civil or criminal consequences. The Act also imposes several offences, penalties, or civil/criminal consequences for breach. Breach of any provision of the Act is an offence, and the maximum penalty for an individual offence is $22,000, while the maximum penalty for a corporate offence is $110,000. Additionally, the Act provides for the imposition of civil penalties for breach of certain provisions, including that the maximum penalty for an individual offence is $2,200, while the maximum penalty for a corporate offence is $11,000. Furthermore, the Act provides for the imposition of criminal penalties for breach of certain provisions, including that the maximum penalty for an individual offence is imprisonment for six months, while the maximum penalty for a corporate offence is imprisonment for two years or a fine of up to the greater of three times the value of the benefit obtained or $110,000, or both.

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